MIGRATION ACT 1958 - SECT 257A Person may be required to provide personal identifiers

MIGRATION ACT 1958 - SECT 257A

  (1)   Subject to subsection   (3), the Minister or an officer may, in writing or orally, require a person to provide one or more personal identifiers for the purposes of this Act or the regulations.

  (2)   Without limiting subsection   (1), the purposes referred to in that subsection include any of the purposes referred to in subsection   5A(3).

Only citizens entering Australia etc. may be required to provide personal identifiers

  (3)   If the Minister or officer knows or reasonably believes that a person is a citizen, the person must not be required to provide one or more personal identifiers under subsection   (1) unless section   166, 170 or 175 applies in relation to the person.

When requirement under subsection   (1) must be made

  (4)   The Minister or an officer must require a person to provide one or more personal identifiers under subsection   (1) if prescribed circumstances exist.

How personal identifiers must be provided

  (5)   If a person is required to provide one or more personal identifiers under subsection   (1), those personal identifiers must be:

  (a)   provided by way of one or more identification tests carried out by an authorised officer or an authorised system; or

  (b)   if another way is specified by the Minister or officer--provided in that specified way.

Note:   If the types of identification tests that the authorised officer may carry out are specified under section   5D, then each identification test must be of a type so specified.

  (6)   If paragraph   (5)(b) applies, the person must comply with any requirements specified by the Minister or officer in providing one or more personal identifiers in the way specified under that paragraph.

Multiple requirements for personal identifiers may be made

  (7)   A person may be required to provide one or more personal identifiers under subsection   (1):

  (a)   more than once; and

  (b)   whether or not the person has previously complied with a requirement under this Act or the regulations to provide one or more personal identifiers.

Other provisions not limited or otherwise affected

  (8)   This section does not limit, or otherwise affect, any other provision of this Act under which a personal identifier may be required, provided or presented.